Excerpt: ...2014 to the present. Defendant presented evidence that Plaintiff is engaged in other business activities while out on disability that impacts Plaintiff's claim of lost earnings. Hence a compelling need is shown as to such records. Also, less intrusive means to ascertain what earnings Plaintiff has had since 2014 outside her admitted disability benefits is not shown. Plaintiff's motion to quash is GRANTED as to the balance of the records sought by...

Excerpt: ...shall not be thus issued or delivered to any person in this state unless it contains all the following provisions: (1) A provision that the insolvency or bankruptcy of the insured will not release the insurer from the payment of damages for injury sustained or loss occasioned during the life of such policy. (2) A provision that whenever judgment is secured against the insured or the executor or administrator of a deceased insured in an action bas...

Excerpt: ...in its minute order of February 9, 2017, shows the court denied the 664.6 motion because it did not find Code of Civil Procedure section 664.6 or the terms of the settlement agreement allowed it to grant the relief requested—i.e., an order requiring the Mahonys to implement the “Norris Plan” within 90 days, without regard to the other portions of the settlement agreement - and that it did so without finally adjudicating whether the Mahonys ...

Excerpt: ...viously agreed to dismiss that cause of action. Opposition at 6:18- 20. The indemnity and contribution/apportionment claims alleged in the second, third and fourth causes of action are based on potential liability for alleged construction defects. There can be no indemnity without liability. City of San Diego v. United States Gypsum Co. (1994) 30 Cal.App.4th 575, 587-589. As a result, an indemnity claim requires that the complainant have paid a c...

Excerpt: ...aint].” Complaint paragraph 5. This allegation is insufficient to support causes of action for breach of contract, breach of the implied covenant of good faith and fair dealing, fraud, negligence, and violation of California Business & Professions Code section 17200. There are no allegations of any relationship between Plaintiff and the Leeor Defendants (contractual or otherwise), any misrepresentation by the Leeor Defendants, any duty or breac...

Excerpt: ...laintiff was unaware of defendant's intention not to perform the promise; (4) plaintiff justifiably relied upon the promise; and (5) plaintiff sustained damage. (CACI 1902.) Furthermore, fraud claims must be pled with particularity, including facts showing “how, when, where, to whom and by what means the representations were tendered.” (Lazar v. Superior Court (1996) 12 Cal.4th 631, 645.) Responding Party's fraud C/A in the Second Amended Com...

Excerpt: ...n an assessment of improvements when the improvements did not exist on the lien date; (6) paid on an assessment in excess of the equalized value of the property as determined by the county board of equalization; or (7) paid on an assessment in excess of the value determined by the assessor in a mandatory audit. (Rev. & Tax Code, § 5096.) Plaintiff bases her claim on the grounds that the “AAB further proceeded in an arbitrary and capricious man...

Excerpt: ... of contract and second cause of action for breach of covenant of good faith and fair dealing – plaintiff Tina Mancuso Storch (plaintiff) has failed to allege the existence of an enforceable contract, a necessary element to each of these causes of action. (Daniels v. Select Portfolio Servicing, Inc. (2016) 246 Cal.App.4th 1150, 1173-1174 (Daniels); Racine & Laramie, Ltd. v. Department of Parks & Recreation (1992) 11 Cal.App.4th 1026, 1034.) The...

Excerpt: ...claratory relief reveal that an actual controversy exists between the parties.'” D. Cummins Corp. v. United States Fid. & Guar. Co. (2016) 246 Cal. App. 4th 1484, 1489. “[A] home loan borrower has standing to claim a nonjudicial foreclosure was wrongful because an assignment by which the foreclosing party purportedly took a beneficial interest in the deed of trust was not merely voidable but void, depriving the foreclosing party of any legiti...

Excerpt: ...y fees in its complaint. In support of his argument, the defendant cites a case out of the Fourth District Court of Appeal, Division Three: Manier v. Anaheim Business Center Co. (1984) 161 Cal.App.3d 503. Whatever may have been the reach of Manier when it was first decided, more recent California Supreme Court precedent has effectively overruled it. (See, e.g., Sessions Payroll Management, Inc. v. Noble Constr. Co., Inc. (2000) 84 Cal.App.4th 671...

Excerpt: ... case is sufficient. (City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261.) Defendant/Cross-Defendant Parra has satisfied this minimal burden. Together, his moving papers and supporting declaration adequately set forth the nature of the case and all pertinent facts, the settling parties' relative litigation positions, and the barebones terms of the settlement. (See Motion P&As at pp. 2-5; Leenerts Decl., ¶¶ 3-12.) Moving pa...

Excerpt: ...Agreement is illusory. However, the Court has located no authority that addresses facts the same as or similar to the facts presented here. Given the public policy that arbitration agreements should be enforced wherever possible, the Court concludes that a valid arbitration agreement has been shown here. There is no showing that the 2016 Agreement is void due to fraud in the inception or is procedurally unconscionable. Plaintiff has forthrightly ...

Excerpt: ...and thus it would have to be denied pursuant to Code of Civil Procedure section 2025.410. (The court further notes that in ruling on the motion for a stay it is notruling on whether the attorney-client privilege applies under these facts. That is a bridge too far under these circumstances. (Finally, and most puzzling, the question the plaintiff corporation seems to pose by this legal malpractice litigation is this: Who owns it? This discovery dis...

Excerpt: ... is GRANTED. (Code Civ. Proc., section 2033.290.) However, in the event that Plaintiff Kenneth Mayer serves a proposed response to the requests for admission that is in substantial compliance with Code of Civil Procedure section 2033.220 before the time of the hearing, the Court will deny the motion. (Code Civ. Proc., § 2033.280, subd. (c) [the court shall deem the matters admitted "unless it finds that the party to whom the requests for admissi...

Excerpt: ...ral testimony on a contested issue of fact in a motion hearing. Mutual Mortgage Co. v. Avis (1986) 176 CA3d 799, 805. The court also has discretion to refuse to allow oral testimony. Eddy v. Temkin (1985) 167 Cal.App.3d 1115, 1121. A party seeking to introduce live testimony at a law and motion hearing is required, in advance of the hearing, to obtain a court order upon a showing of good cause. The request for the order for live testimony must be...

Excerpt: ...hat is in issue is the duty to defend, based on those alleged claims, rather than the ultimate duty to indemnify. Majic/ADA argue a defense is not owed unless it is first shown Majic/ADA caused or contributed to Plaintiff's alleged injuries. In support of their contentions, Majic/ADA point to the language in the policy that they will indemnify, protect, defend (etc.) “provided that any such claim, damage, loss or expense is caused in whole or i...

Excerpt: ...tions for summary judgment and summary adjudication are denied. Nationstar first argues that the court should grant summary judgment as to Plaintiff's entire case because all of Plaintiff's claims fail for lack of recoverable damages. Nationstar met its initial burden by setting forth evidence that Plaintiff agreed to a limitation on its available damages in the Short Sale Agreement. The Short Sale Agreement states: 14.B. SELLER DEFAULT. BUYER AN...

Excerpt: ...o. 1: There Is No Triable Issue of Fact as to Plaintiff's First Cause of Action for Breach of Contract, as a Matter of Law. Plaintiff fails to meet its initial burden to prove all elements of the claim for breach of contract—specifically, damages. (See Paramount Petroleum Corp. v. Super. Ct. (2014) 227 Cal. App. 4th 226, 241.) Plaintiff contends the unpaid balance as of 01/01/2017 was $30,639.36, but provides no competent evidence as to how tha...

Excerpt: ...plaint ceases to have any effect either as a pleading or as a basis for judgment.” (Ibid.) 2. Cross-defendant Yorba Linda Water District's motion for summary judgment/adjudication directed at cross-complainant Wailea Property Partners, LLC's cross-complaint is DENIED. The court has treated this motion as one for summary judgment only, as cross-defendant Yorba Linda Water District (District or YLWD) has failed to comply with California Rules of ...

Excerpt: ...hin 30 days. Code Civ. Proc. §§2023.010(d) and (g), 2023.030, 2030.290(c). Plaintiff Ashad Hamideh is ordered to serve verified supplemental responses without objections to the form interrogatories within 15 days. The Motions by Defendant Imran Khan (1) for Terminating Sanctions and/or Other Monetary Sanctions and Attorney Fees against Plaintiff Mohammad Hamideh and (2) for Terminating Sanctions and/or Other Monetary Sanctions and Attorney Fees...

Excerpt: ...6. “In short, the testator's intent to benefit the plaintiff is a prerequisite to the imposition of a duty on the attorney to the plaintiff. This makes sense, as the rationale for allowing testamentary instrument beneficiaries to recover in the event of a breach by the attorney is that ‘the main purpose of the testator in making his agreement with the attorney is to benefit' those beneficiaries ‘and this intent can be effectuated ... only b...

Excerpt: ...court GRANTS the Petition for the reasons set forth below. This litigation is stayed pending resolution of the arbitration. A. Basic Procedure In Rosenthal v. Great Western Financial Securities Corp. (1996) 14 Cal.4th 394, 412-414, the California Supreme Court explained the procedure a trial court must follow when a party files a petition to compel arbitration. The only question is whether the trial court should specifically enforce the arbitrati...

Excerpt: ...inari (2005) 132 Cal.App.4th 1223, 1230.) If the moving party meets this burden, the burden shifts to the resisting party to prove by a preponderance of evidence a ground for denial (e.g., fraud or unconscionability). (Villacreses v. Molinari, supra, 132 Cal.App.4th at 1230.) Here, it is undisputed that the parties entered into a written agreement to arbitrate, the claims at issue are covered by that agreement, and Plaintiff has refused to arbitr...

Excerpt: ...f to comply with Plaintiff's responses to Pacific Transformer's Requests for Production Nos. 8, 18 and 19. Defendants also seek sanctions. Plaintiff does not oppose these motions, but opposes Defendants' request for sanctions. Based on Plaintiff's non-opposition, Defendants' motions are granted. Plaintiff shall produce any responsive documents not yet produced by March 15, 2018. Defendants' request for sanctions is granted. See Cal. Civ. Proc. Co...

Excerpt: ....App.2d 798, 805); Batte v. Bandy (1958) 165 Cal.App.2d 527, 533 (“Affidavits devoid of averments of facts showing that due diligence was exercised to make service have consistently been held to be insufficient…”). Plaintiff's declaration, paragraph 5, does not provide enough information about what was found at the registered address for the agent for service of process for Creek Systems Inc. (Kevin M. Daly) at 8105 Irvine Center Drive, Sui...